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Tennant in arrears, given their notice informed council tax and hb of new addres

Started by Rachelo81, March 21, 2015, 12:37:36 PM

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Rachelo81

Hi I have been given notice by my tenant via text. She said she would leave by 19th March. I went last night the majority of her belongings have gone but some remain. She isn't cooperating with calls or texts and has said that she left her things because she thought the locks had been changed. She has informed housing benefits and council tax that she has moved and given them a forewarning address. She has not paid rent since January. I served a section 21 to evict her and had this witnessed on the grounds I want to move back in to the property. Can you tell me if I can go back in. Given that she has told government bodies that she has moved and not paid her rent?
Thanks very much.
rachelo81

gls

I have to ask why you have not been getting the rent allowance direct from the council to yourself.  As you have already been experiencing rent payment issues you could easily have done this. 
I do it all the time.
To answer your main question,   the house is now empty is it not?  You are beyond the notice date and the house is now yours again, any effects that remain just keep them to one side and give her 7 days to collect.

Rachelo81

Thanks for replying. She has left sofas and her bed but taken washing machine other kitchen appliances and tv child's bedroom furniture. So wasn't sure If this counted. She didn't tell me initially that she was receiving benefits so I didnt know to ask and it's my first time letting out.
I just want to know if I can go back in. Her notice wasn't written and her tenancy fixt period has been up since August. She is on a rolling month contract now, but yes hasn't paid rent. Housing benefits are trying to contact her but she is evasive
Thanks.

Hippogriff

The risk to you - that you are obviously nervous of - is an accusation of illegal eviction if the Tenant has not formally given-up the property (this would usually be via a deed of surrender or something more formal, anyway, maybe a meet-up to hand over the keys and sign a letter saying that everyone agrees the tenancy is over). What you have - if I read correctly - is a text message?

Is it fair to assume you've not had the keys handed back to you?

The fact that belongings are still there could easily indicate the Tenant has not given-up the property and, therefore, I advise you to be careful. It is not clear what kind of Tenant this is and I hate to shout "trap", but just do things by the book.

Certainly do not just go in and start disposing of whatever the Tenant has left behind, changing the locks etc.. Even if you get a surrender you're happy with, you must retain their belongings for a period of time... allowing the Tenant the opportunity to collect. If not, then you can dispose and even charge the Tenant for the pleasure, but I suspect you just want shot of it all, really.

A surrender is, in effect, an agreement between Tenant and Landlord... so you would need to be able to contact the Tenant / ex-Tenant.

Good luck.


Rachelo81

Thanks for all of the above. She hasn't given back the keys. Infact she states she no longer  has them. I have offered to let her back in for her things but she hasn't replied. Is there nothing that I can do around her telling council tax and housing benefits she has left? 
Thanks again

gls

Well, I think if you leave a good track of trying to contact her e.g. texts, letters and e.mails then that's the best you can do.  You have to assume the house is now left or you could be waiting forever.
I agree don't change the locks and be prepared that she hasn't actually left, I presume there's no fridge with food in in or beds with bedding.
Housing benefit won't help you now as they've paid the rent liability on it so i'm afraid they won't be a heap of help now so late in the day.
Sadly this is the nature of the beast and tenants often do just up and go, they are very transient. 
Next time do things differently, be sure of the housing benefit situation.  Offer a discount for the rent to come direct to you, this makes life so much easier.
Also take a month in advance so that if they don't arrange the notice period to be covered by the local authority then you're covered.

Rachelo81

Thanks everyone. I'll pop to citizens advice on Monday. I've done the notice as suggested but she wasn't at her new address either. Fingers crossed

RickC

Here is my view

1. The tenant has not fully vacated the property
2. They have not returned their keys
3. They have not removed their property

If you have contact information I would tell them that as they have failed to take their stuff you are unable to rent the property to another tenant.

Advise them that as they have failed to return the keys you have to change the locks at their cost

Tell them that you want to resolve things amicably but if they do not return the keys and take their property you will be forced to take legal action, seek a county court judgement, that may affect their ability to get credit (including letting another property) and you reserve your right to instruct collection agents and their costs will be added to whatever.

Then finish with a "Please call me and we can arrange a mutually convenient time to meet at the property, if you do not want these possessions I can dispose of them but there will be a cost to you, so I recommend you call a house clearing company and arrange for them to come when I can be present"

Go download OFT356 it tells you that you can charge your actual expenses, no penalties but actual costs.